View Single Post
  #10  
Old 08-22-2006, 12:34 AM
mikah2k's Avatar
mikah2k mikah2k is offline
Practice Makes Perfect
 
Join Date: Mar 2005
Posts: 338
Quote:
This procedure only governs [other, if any,] provisions [in the trust]. Provisions are only in the trust. So if a substitution is without a provision in the trust, said substitution is not governed by This procedure.
I appreciate the fact that Notorial dissent did not address the above quote at all: "can't touch this."

Quote:
Again, you are confusing a Trust with a Deed of Trust, and they are not the same thing.
All trusts are trusts. All deeds of trust are trusts. I agree that All trusts are not deeds of trust (as in security instrument). But, at my county recorder, all items offered for recording are called deeds (a grantor and grantee index exists). As such all trusts that are recorded are deeds -- hmmm... deeds of trust. Maybe I need your definition of "same" or "thing", that we be in harmony.

Quote:
"A Trust Deed operates under entirely different rules"
Says who?

A contract is a contract. A trust is a trust. A trust is a contract. The rules of contracts are "the agreement of the parties".

Quote:
and the trustee will either be appointed by the beneficiary if state law allows, or will be a county officer.
rhetorical: How de-facto are we yet?
If the agreement of the parties forbids what you describe, the court/state actors are without jurisdiction, i.e. no true appointment is in effect and can be dispensed with at the discretion of a competent party.

Quote:
You are trying to suppose a set of circumstances that cannot exist.
A contract/trust can cause any set of circumstances exist [at least on paper, (after all, all mortgagors are called "debtors" when, in fact, most are "creditors")], and the contract/trust need not be based on reality, as the contract/trust must be based only on "agreement of the parties".

I guess a de-facto court will try to rule on matters without jurisdiction, as it happens daily.
In the mortal words of JRB: overruled, this court has jurisdiction.


Quote:
but a successor trustee will always be available, or the trust can always be terminated for invalidity.
Gosh darn it!!! We agree.
Give me my successor or Cancel that puppy(trust). You sound like a hardcore sui jurist: I bet you cancel those puppies all the time for invalidity, or get your home-grown successor in office.

And for one million DOLLARS, Question: "a successor trustee will always be available at the behest of whom?"

Answer that and we might as well go golfing together, and exchange friendship guns/tesla-cannons (instead of friendship bracelets).
Reply With Quote